In re Donta J.
Opinion of the Court
In two related juvenile delinquency proceedings pursuant to
Ordered that appeals from the fact-finding orders are dismissed as superseded by the respective orders of disposition; and it is further,
Ordered that the appeals from so much of the orders of disposition as placed the appellant with the Office of Child and Family Services for a period of 12 months are dismissed as academic since the period of placement has expired; and it is further,
Ordered that the orders of disposition are affirmed insofar as reviewed, without costs or disbursements.
The finding that the appellant interfered with the efforts of police officers to question a classmate in connection with alleged criminal behavior, inter alia, of making graffiti (see Matter of Leon B., 32 AD3d 796 [2006]), and thereby committed acts constituting obstruction of governmental administration in the second degree, was not against the weight of the evidence (see Matter of Davan L., 91 NY2d 88, 91 [1997]; Matter of Carlos M., 32 AD3d 686 [2006]). Consequently, the finding that the appellant resisted arrest was not against the weight of the evidence either (see Matter of Thomas L., 4 AD3d 295 [2004]; cf. Matter of Manuel D., 19 AD3d 128, 129 [2005]).
The Family Court properly denied the appellant’s motion to suppress his statements to law enforcement officials. Questioning of the appellant in relation to a separate incident was not improper despite the absence of his mother where the appellant, age 15 at the time, was in the presence of his older brother, with whom he resided (see Family Ct Act § 305.2 [3], [7], [8]; Matter of Anthony L., 262 AD2d 51, 52 [1999]; Matter of Mark A., 250 AD2d 765, 765-766 [1998]). Nor did the fact that the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.